Acórdão nº 9851525 de Court of Appeal of Porto (Portugal), 22 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | GONÇALVES FERREIRA |
Data da Resolução | 22 de Fevereiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR PERS.
Legislação Nacional: CONST76 ART64 ART66. CCIV66 ART70 ART483 ART487 N2 ART563.
Jurisprudência Nacional: AC STJ DE 1995/10/24 IN BMJ N450 PAG403. AC RC DE 1997/07/08 IN CJ T4 ANOXXII PAG23. AC RL DE 1996/03/21 IN CJ T2 ANOXXI PAG86. AC RP DE 1995/04/27 IN CJ T2 ANOXX PAG213.
Sumário: I - O direito ao sono e ao repouso inserem-se nos direitos de personalidade de protecção da saúde e a um ambiente de vida humano, sadio e ecologicamente equilibrado. II - O facto que actuou como condição do dono só deixará de ser causa do mesmo quando, segundo a sua natureza geral, era de todo indiferente para a sua produção e só se tornou condição dele em virtude de outras circustâncias extraordinárias. III - A violação do direito ao sono...
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